ILR, the next step

[Nick-and-Ella]

Hi All,

This site has been so helpful to us so far for each step of our process. So once again we are hoping for some advice from the good people on here.
As we approach the next part, I have been reading online from the gov.uk site, & once again, it confuses the hell out of me. I think it stresses both of us out so much, because we feel that just one wrong move will give our marvellous govt the excuse they need to refuse Ella permission to stay.
So, Ella is here on a spouse visa. She entered UK on 2 March 2014, and the current visa expires on November 25th 2016. I believe this puts her on the "5 year route".
So, does anyone have any recent experience & advice?
We have recently had an addition, Tommy is now 2 months old. I am still working on cruise ships, & I have to go back to work October 24th, which is a worry as I think Ella may have to attend an interview alone. We want to get it done quickly, (premium fee) as Ella is planning to take Tommy home to PH at Christmas as I'll be at sea, (again!)

Regards,

Nick and Ella

[Steve.r]

Lovely photo of you all and congrats on the arrival of Tommy. I can't help with an answer, but I am sure Terpe will be able to throw some light your way.

[marksroomspain]

Hiya Nick,

Yes regarding the dates your wife is here on the 5 year route which means extension of her current visa which is FLR(M).

My wife just over a year ago applied for her extension on this route and was pretty straight forward as long as you meet all the relevant criteria eg: financials ect.

Regarding shipping the missus home have no fear that won't happen especially now you have a little nipper in tow, I am sure others will add their input...

[Nick-and-Ella]

Hiya Nick,

Yes regarding the dates your wife is here on the 5 year route which means extension of her current visa which is FLR(M).

My wife just over a year ago applied for her extension on this route and was pretty straight forward as long as you meet all the relevant criteria eg: financials ect.

Regarding shipping the missus home have no fear that won't happen especially now you have a little nipper in tow, I am sure others will add their input...

I'm sure when Ella arrived there was an "earliest date" that you could apply for an extension. I can't see that now, so maybe it's possible for us to set up an appointment for an interview before I go back to sea, (October 24th).

[marksroomspain]

I'm sure when Ella arrived there was an "earliest date" that you could apply for an extension. I can't see that now, so maybe it's possible for us to set up an appointment for an interview before I go back to sea, (October 24th).

Yes the earliest date she can apply for extension would be 28 days before her 30 month completion of her initial visa so in your wife's case this would be from 5th August 2016 right up to the expiry of her visa which as you stated November 26th 2016.

Hope that helps...

[Nick-and-Ella]

Yes the earliest date she can apply for extension would be 28 days before her 30 month completion of her initial visa so in your wife's case this would be from 5th August 2016 right up to the expiry of her visa which as you stated November 26th 2016.

Hope that helps...

Yes that's good news, as it was stressing us out that Ella may have to go without me.

[andy222]

Hiya Nick,



Regarding shipping the missus home have no fear that won't happen especially now you have a little nipper in tow, I am sure others will add their input...

Not quite sure about that Mark.

[marksroomspain]

Not quite sure about that Mark.

100% sure Andy there is no court in this land that would separate a mother from its child as the best ìnterests of the child is always paramount in any immigration decision, also child is a British Citizen so they would have no worries as in the post started by songz his missus was put on the 10 year route because he couldn't satisfy the financials...

[andy222]

Thats ok then Mark thanks for the info. We have a 18 month old and we have just put in for F.L.R. I do meet the financial and all the other requirements but we have to wait a while for the outcome because we did it by post.

[marksroomspain]

Thats ok then Mark thanks for the info. We have a 18 month old and we have just put in for F.L.R. I do meet the financial and all the other requirements but we have to wait a while for the outcome because we did it by post.

It's stressing Andy this immigration journey nobody knows where we will be this time next week sometimes.

I am just glad there is a fall back to the 10 year route if things unexpectedly happen not ideal I know but some comfort.

By the way hope you get your positive outcome soon, sure you will it only took my missus 8 weeks for decision by postal application for next stage of FLR(M)....

[andy222]

Thanks Mark. I am not sure what the 10 year route entails but if we do have to go on that it will not be much good to us as we plan to retire to the phils before then. You are right it is stressful. We dont know what rule will come into force next.

[Nick-and-Ella]

So, I have a 76 page form to start completing. I've been scouring on the gov.uk web-site when I can actually go ahead & apply for the next step. Unless I am missing something, I can't see it anywhere.

[marksroomspain]

So, I have a 76 page form to start completing. I've been scouring on the gov.uk web-site when I can actually go ahead & apply for the next step. Unless I am missing something, I can't see it anywhere.

https://www.gov.uk > remain-in-uk-family

Also give UKVI a call who will confirm my earlier advice, good luck...

[marksroomspain]

Ukvi 0300 123 2241

[Nick-and-Ella]

Ukvi 0300 123 2241

Thanks Mark, I'm actually at the end of my tether with all of this. I just want to be able to know if we can go somewhere & get this done. Ella has everything ready, Life in the UK test etc. We just want to be able to get this done before I go away, because as you know the people at these places are not so nice, as we have found with previous visits to Croydon. This is a bit more stressful for Ella if she has to attend alone.
I've just read through this calculating time in UK thing, & I did not understand a word of it. Maybe I'm asking too much; I just want to know the earliest date that we can crack on with extending her visa, which expires in November. I'll be calling that number tomorrow, thanks again.

[marksroomspain]

Yes the earliest date she can apply for extension would be 28 days before her 30 month completion of her initial visa so in your wife's case this would be from 5th August 2016 right up to the expiry of her visa which as you stated November 26th 2016.

Hope that helps...

It's fine Nick I know the stress of it all just remember my above reply and it will hopefully be confirmed by UKVI....

Eh take care and you will both be fine keep us posted...

[Nick-and-Ella]

It's fine Nick I know the stress of it all just remember my above reply and it will hopefully be confirmed by UKVI....

Eh take care and you will both be fine keep us posted...

Hi Mark, just come off the phone with UKVI, they confirmed that I can't apply for an extension until 28 days within the expiry of Ella's visa. This means the earliest date we can try to arrange our interview would be October 29th, so she will have to do it without me as I'll be back at sea.

[marksroomspain]

Hi Mark, just come off the phone with UKVI, they confirmed that I can't apply for an extension until 28 days within the expiry of Ella's visa. This means the earliest date we can try to arrange our interview would be October 29th, so she will have to do it without me as I'll be back at sea.

mmm....funny that Nick either the rules have changed in the last couple of days or the person you have spoke to hasn't got a clue what they are talking about, what they should of said was apply no earlier than 28 days before your wife's completion of her initial 30 months residency...

With the dates you have given me then my information is correct I would definitely speak to CAB who would further confirm this, think our resident expert in this field will also confirm my advice so just hope Terpe can input also.

Anyway Nick wishing you all the best in the future...

Mark...

[Terpe]

Nick,

My understanding is exactly the same as Mark.

The needed residence eligibility for the second period of FLR is 30 months living in UK.
The initial Entry Visa would have been issued with 33 months validity.

After a total needed eligibility residence period of 60 months she'll be able to apply for ILR. That's why care should be taken with the FLR applications to ensure that the 60 month total can be reached without incurring any shortfall which would need yet another FLR

For ILR applications (and also Naturalisation applications) there are published 'leadtimes' for submission of applications. Generally 'not earlier than 28 days' this is not universally applied to FLR applications as there are many valid reasons why applications may be submitted at any time. That's why it's important to take care. The caseworker may misread the application and issue too early. It does happen.

Additionally, there are no residence requirements for absence out of UK under either FLR or ILR. However there is a strict UK absence requirement when applying for naturalisation. Importantly this is done on a countback basis so it's always advisable to restrict trips out of UK to 90 days per year.

[Nick-and-Ella]

mmm....funny that Nick either the rules have changed in the last couple of days or the person you have spoke to hasn't got a clue what they are talking about, what they should of said was apply no earlier than 28 days before your wife's completion of her initial 30 months residency...

With the dates you have given me then my information is correct I would definitely speak to CAB who would further confirm this, think our resident expert in this field will also confirm my advice so just hope Terpe can input also.

Anyway Nick wishing you all the best in the future...

Mark...

Thanks Mark, I will make further enquiries.

[Nick-and-Ella]

Nick,

My understanding is exactly the same as Mark.

The needed residence eligibility for the second period of FLR is 30 months living in UK.
The initial Entry Visa would have been issued with 33 months validity.

After a total needed eligibility residence period of 60 months she'll be able to apply for ILR. That's why care should be taken with the FLR applications to ensure that the 60 month total can be reached without incurring any shortfall which would need yet another FLR

For ILR applications (and also Naturalisation applications) there are published 'leadtimes' for submission of applications. Generally 'not earlier than 28 days' this is not universally applied to FLR applications as there are many valid reasons why applications may be submitted at any time. That's why it's important to take care. The caseworker may misread the application and issue too early. It does happen.

Additionally, there are no residence requirements for absence out of UK under either FLR or ILR. However there is a strict UK absence requirement when applying for naturalisation. Importantly this is done on a countback basis so it's always advisable to restrict trips out of UK to 90 days per year.

Hi Terpe,

We have been careful with time outside of the UK, just 1 visit for Ella back to PH since she came here, although she will be going home this Christmas with the little one.

It''s all quite confusing when the civil servants don't appear to have given us correct advice. I will keep trying to get clarification, but it's quite difficult when the guy on the phone doesn't even seem to understand what it is I'm asking!

[Terpe]

Hi Terpe,

We have been careful with time outside of the UK, just 1 visit for Ella back to PH since she came here, although she will be going home this Christmas with the little one.

It''s all quite confusing when the civil servants don't appear to have given us correct advice. I will keep trying to get clarification, but it's quite difficult when the guy on the phone doesn't even seem to understand what it is I'm asking!

Please be sure to post all questions and concerns here where correct information will be shared.
Never put your trust in a call centre agent regardless of the training they have had.

[purple]

Please be sure to post all questions and concerns here where correct information will be shared.
Never put your trust in a call centre agent regardless of the training they have had.

I agree with Peter. These people are in call centres and does not know all the details.

Below you can search this for the rules.
Appendix FM Section 1.0b Family Life

Please read page 13-14 and somewhere in page 40. It will show you there that Ella can apply 28 days before her 30th month.

You can also Google this E.LTRP 2.2

Hope that helps

[Nick-and-Ella]

I agree with Peter. These people are in call centres and does not know all the details.

Below you can search this for the rules.
Appendix FM Section 1.0b Family Life

Please read page 13-14 and somewhere in page 40. It will show you there that Ella can apply 28 days before her 30th month.

You can also Google this E.LTRP 2.2

Hope that helps

So, after all the advice on here & reading over & again all the relevant documentation & guidance notes, I went ahead & booked an appointment at Croydon. Total cost including NHS surcharge £1811.00. We are there on Sept 12th. I decided to completely ignore the advice I got from UKVI on the phone. I'll keep you updated.

[marksroomspain]

Nick good luck...

[Nick-and-Ella]

Just to update you all. We had a very long day in the "premium" immigration centre in Croydon. We were successful with our application for Ella's FLR for another 30 months. Ella now has a biometric pass that states her right to stay until 2018, when we tackle the next hoop to jump through.
The cost of the latest hoop was £1811.00

[Terpe]

Just to update you all. We had a very long day in the "premium" immigration centre in Croydon. We were successful with our application for Ella's FLR for another 30 months. Ella now has a biometric pass that states her right to stay until 2018, when we tackle the next hoop to jump through.
The cost of the latest hoop was £1811.00

Well done and congratulations. Another major step forward with the immigration journey.
I know it's often forgotten, but try to keep updated on the ILR requirements as you go through the next 30 months as it will ensure you avoid and nasty new measures.

[Nick-and-Ella]

Well done and congratulations. Another major step forward with the immigration journey.
I know it's often forgotten, but try to keep updated on the ILR requirements as you go through the next 30 months as it will ensure you avoid and nasty new measures.

Thanks Terpe, we will be checking on here regularly as this site has far more knowledgeable & helpful people than any government agency!

[purple]

Congratulations Nick and Ella x

[Nick-and-Ella]

Just to update you all. We had a very long day in the "premium" immigration centre in Croydon. We were successful with our application for Ella's FLR for another 30 months. Ella now has a biometric pass that states her right to stay until 2018, when we tackle the next hoop to jump through.
The cost of the latest hoop was £1811.00

Hi All,

Just an update, Ella's biometric pass is due to expire in April 2019, so I'm starting to look at what is required. The first shock was the cost of the next step, over 2 grand. For premium, (whatever that is) £2,999!

Anyway, as usual, the procedure is a minefield, so I wondered if anyone has recently been through it & has any useful advice?

I think I'm right in thinking that we can't apply for ILR until 28 days prior to the expiration of the biometric pass, but not 100% sure. It would be ideal if we get it done before Christmas as I go away from Jan 13th till April 7th. Ella's pass expires April 9th!